A Local Tragedy Highlights Drunk Driving Wrongful Death
In recent weeks, the communities of Prince George’s county, Maryland, have had cause to mourn. Early on the morning of Saturday, July 6th, a vehicular collision took the life of Upper Marlboro native and recent NFL Draft selection Khyree Jackson. The Minnesota Vikings defensive back was just 24. Compounding this tragedy, the crash also claimed the lives of Jackson’s friends and high school teammates; Isaiah Hazel, 23, and Anthony Lytton, 24. Both Hazel and Lytton were also collegiate football standouts chasing dreams of playing professionally. While nothing has been confirmed, police have reason to suspect that the crash was caused by a drunk driver traveling “at a high rate of speed.” In the face of this abject tragedy, we here at Malloy Law would like to review the legal principles of “wrongful death,” especially pertaining to drunk driving accidents. Read on for more on drunk driving wrongful death.
Defining “Wrongful Death”
The term “wrongful death” refers to a civil action brought by surviving family members against a person that they contend caused their loved one’s death in order to recover damages. The deceased person must have had a personal injury claim against the at-fault party if they were alive for a worthwhile case to be made.
In a wrongful death claim, the relatives of the deceased have to prove negligence to the same extent as the deceased person would have had to prove it, had they survived. The surviving family, in essence, are allowed to make the case in the stead of their departed loved one. They will have to demonstrate:
- The defendant (person responsible for the death) owed the deceased victim a duty of care
- The defendant breached that duty of care
- That breach of duty was the direct and proximate cause of the death of the victim
- The victim’s death caused material (most often financial) damages to the surviving family
Who Can File a Drunk Driving Wrongful Death Claim?
In the state of Maryland, the spouse, children, and parents of a wrongfully deceased person have the right to pursue a wrongful death claim and seek damages for lost financial support due to the victim’s untimely departure. If no relatives in these categories exist, then cousins, or relatives by marriage may be able to file a wrongful death claim. However, these more distant relatives will have to demonstrate that they relied upon the deceased for financial support. This is absolutely mandatory for a successful claim.
Drunk Driving Wrongful Death: An Everyday Tragedy
The National Highway Traffic Safety Administration estimates that roughly 37 people each day die in drunk driving related accidents. In 2022, NHTSA estimated that 32% of all traffic fatalities were due to drunk driving. This means that drunk driving wrongful death is an all too common scenario. Driving while intoxicated is a textbook breach of the duty of care owed to all other travelers on public roads. If it can be proved that a driver responsible for a fatal crash was intoxicated at the time of the accident, it will be a serious boon to the chances of receiving a prompt and substantial settlement.
Contact a Drunk Driving Wrongful Death Attorney Today
We here at Malloy Law Offices join with our friends, neighbors, and loved ones throughout Prince George’s County in mourning the tragic loss of Khyree Jackson, Isaiah Hazel, and Anthony Lytton. All three were talented young men whose potential for greatness was cruelly and tragically snuffed out. We send prayers, condolences, and well-wishes to their families, friends, and teammates.
To speak plainly: there is no excuse for driving under the influence of alcohol or other substances. The callous negligence of drunk driving claims the lives of thousands of people each year. It is our hope that readers of this blog will learn from this tragedy. We should each resolve to be part of the solution rather than part of the problem.
If you have lost a loved one to a drunk driving accident, do not hesitate to contact Malloy Law today. Our firm is home to the DMV’s wrongful death specialists. Our team will pursue the maximum compensation on your behalf. While no material compensation can ever be equal to the life of a loved one, our client-first, empathetic approach to the law will seek to keep you from becoming overwhelmed and furnish you with the resources to pick up the pieces after tragedy strikes. Contact Malloy Law today for a free consultation.
